Are there any laws governing the assignment of a rental agreement?
Yes, there are laws that govern the assignment of a rental agreement in Montana. According to the Montana Residential Landlord-Tenant Act, a tenant has the right to assign their rental agreement to another person. However, the tenant must obtain the prior written consent of the landlord before doing so. The landlord is not obligated to grant permission for the tenant to assign the lease, though they must do so in a reasonable manner. The landlord is also allowed to charge a fee for assigning the rental agreement, but they cannot exceed the costs they incur from the tenant’s assignment. For example, if the landlord has to re-advertise the property or conduct a background check on the assignee, they can charge for those costs. In addition, the assignee must meet all the same criteria as the tenant in the original rental agreement. In other words, they must have the same creditworthiness, rental history, and other requirements. Finally, landlords are not allowed to restrict a tenant’s ability to assign the rental agreement, unless the tenant has violated the lease. In this case, the landlord may terminate the lease with the tenant and refuse to allow them to assign it to another person.
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